Just residue on a scrap of aluminum foil or even a tiny bit in a wax paper stamp bag is enough heroin to land you in a Florida prison for five years on possession charges. Heroin is a Schedule 1 controlled substance, which means facing a third-degree felony charge for possession of less than four grams.
But if you’re charged with heroin possession in Florida, a prosecutor must be able to prove certain allegations beyond a reasonable doubt in order for the charges to stick. A top-notch criminal defense lawyer will run an aggressive pre-file or pre-trial investigation to make sure your rights are protected.
Courts have held that governmental misconduct violates the constitutional due process rights of a defendant. That means police have to follow certain rules during an arrest. Prosecutors must be open and honest about the evidence they have. They must be able to show that any evidence against you was collected in a legal manner. Maybe the cops didn’t have probable cause, or maybe it was an illegal traffic stop or illegal search and seizure.
Perhaps the state’s crime lab didn’t follow protocols in analyzing the substance involved. Prosecutors must prove that a substance in your possession was indeed heroin, not just a suspicious looking powder. If the police and prosecutors didn’t follow the law, a good criminal defense lawyer may be able to get the charges reduced or dismissed. A good lawyer knows how to hold police accountable for illegal searches, probable cause violations, and other violations of your rights.
If you’ve been charged with heroin possession in Florida, you’ll want the best criminal defense attorney you can get. Consider the Rivas Law Firm, where you’ll find an aggressive advocate with a winning record to fight for your rights. Call 407-644-2466 and let us help you work through your legal troubles.